1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On January 4, 2020, at around 18:58, the Plaintiff driven an EM5 vehicle while under the influence of alcohol concentration of about 0.087% from a 500-meter section of alcohol alcohol level to the roads near the G community center in the ethic City B from the roads near the G community center in the ethic City to the roads front of the D elementary school in the ethic City C.

B. On January 21, 2020, the Defendant issued a disposition to revoke the first-class, first-class, and second-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on May 12, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion was made in the course of driving a vehicle to a place where the Plaintiff’s substitute engineer can take place, that there was no accident due to drinking driving, that the Plaintiff is currently against and is expected not to drive a drinking again, and that if the Plaintiff’s driver’s license is necessarily required due to the characteristics of the Plaintiff’s business, it is difficult for the Plaintiff’s home to live, the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby deviating from and abusing the discretion.

B. Determination 1 of the relevant legal doctrine ought to be determined by comparing and comparing the degree of infringement on public interest and the disadvantage suffered by an individual due to the degree of infringement on public interest by objectively examining the content and degree of violation, which is the reason for the disposition, the degree of violation, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances.

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